Can you plead the fifth amendment during the course of Florida probate litigation? Florida trust lawyers know that although you have a constitutional right to not incriminate yourself that does carry too far when it comes to a probate lawsuit in West Palm Beach. Want to learn more? Check out this recent case out of New Jersey to see what happens when you plead the fifth in probate court!
Pleading the Fifth
- Estate lawyers in Florida do not use the fifth amendment as much as criminal lawyers do.
- That is because although you can invoke that right in a civil matter (like probate) you do not get off “scot free” as they say.
- In civil court the other side can proceed as if you answered the question in the most incriminating way, which kind of makes sense.
- The probate litigation attorney actually probably wants you to plead the fifth to make their job easier against you.
- Florida probate lawyers can use the fifth amendment to infer you were acting wrongly, something a criminal court simply cannot do.
- Have you discussed these implications with your Florida estate attorney?
- What if you do think you did something wrong?
- Do you have to admit to crimes?
- No! Because you can simply settle the civil lawsuit by accepting liability and paying.
- Probate attorneys Florida know this, and will use it to negotiate against someone who is pleading the fifth.
- Florida estate attorneys know that if you cannot admit to what you did, it probably does not merit defending it in probate court.
- Is that always the case though?
- Check out this recent case to learn more.
In re Estate of Sogliuzzo
- This was actually the second time this case made its way to the appeal court in New Jersey.
- A woman died in 2008 leaving a son and daughter.
- The daughter sued the son for undue influence and the son would not play ball.
- What do I mean by that?
- He would not answer interrogatories or attend depositions or produce documents.
- Instead he plead the fifth apparently thinking it would keep him out of hot water.
- For obvious reasons, as described above, it did not.
- So the Court entered a default against him and he lost on all counts.
- Now he is appealing the huge attorney fees award that he is liable for after he did not defend himself properly in the probate lawsuit.
- One has to wonder if he has a probate lawyer advising him on this matter or if the man hatched his daring defense strategy (pleading the fifth) all on his own.
Want to learn more?
Check out the entire case by clicking here.
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